In determining an exemption based upon the needs of the judgment debtor and the spouse and dependents of the judgment debtor or an exemption based upon the needs of the judgment debtor and the family of the judgment debtor, the court shall take into account all property of the judgment debtor and, to the extent the judgment debtor has a spouse and dependents or family, all property of such spouse and dependents or family, including community property and separate property of the spouse, whether or not such property is subject to enforcement of the money judgment.
§ 703.115.Determination Made Based Upon Needs of Debtor and Debtor's Family
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 1. General Provisions · Enacted 1983 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 703.115 requires a court determining a needs-based exemption to look at all of the judgment debtor's property and, where the debtor has a spouse, dependents, or family, all of their property too, including community property and the spouse's separate property, whether or not that property is itself subject to enforcement of the judgment.
Full Text of § 703.115
Plain-English Summary
Needs-based exemptions ask a factual question — does the debtor's household need this property or fund to get by — and this section makes sure the court answers it with the full financial picture in view. Whether the exemption depends on the needs of the debtor and the debtor's spouse and dependents, or on the needs of the debtor's family more broadly, the court has to consider all of the debtor's property.
Where there's a spouse, dependents, or family involved, the court also has to consider all of their property, including community property and the spouse's separate property — regardless of whether any of that property is itself subject to enforcement of the money judgment.
This works alongside § 703.100(b)(3), which lets a court weigh changes in the family's financial circumstances up through the hearing, and § 703.070's balancing test for support judgments — all three sections recognize that a needs-based exemption can't be evaluated apart from the household it's meant to protect.
Frequently Asked Questions
What does a court look at when deciding a needs-based exemption?
All property of the judgment debtor and, if there's a spouse, dependents, or family, all of their property too — including community property and the spouse's separate property.
Does it matter whether that additional property is subject to the judgment?
No. Section 703.115 requires considering it whether or not it's itself subject to enforcement of the money judgment.
What kinds of exemptions does this section apply to?
Exemptions based on the needs of the debtor and spouse and dependents, or based on the needs of the debtor's family.
Amendment History
Added by Stats. 1983, Ch. 155, Sec. 15. Effective June 30, 1983. Operative July 1, 1983, by Sec. 32 of Ch. 155.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: needs based exemption california judgment debtorfamily financial circumstances exemption california